This southbeachsun.com
web site and all of its Web pages and information
(the "Web Site")
are provided to you under these "Terms of
Use" and any amendments to these Terms of
Use that may be posted by southbeachsun.com from
time to time (collectively, the "User Agreement").
BY ACCESSING, BROWSING AND/OR USING THIS SITE AND/OR
ANY WEB SITES PROVIDED BY southbeachsun.com, YOU
AGREE TO BE BOUND BY THE AGREEMENT. The Agreement
constitutes the entire agreement between you and
southbeachsun.com and supercedes any prior agreements
between you and southbeachsun.com regarding the
use and contents of this Web Site.
Privacy
The southbeachsun.com web site is committed to
protecting your privacy. The information that
we obtain through your use of the site, or through
any registration process or otherwise, is subject
to our Privacy Policy. For more information click
here.
Modifications to this Agreement
The southbeachsun.com
web site may make changes to this Agreement from
time to time in its sole
discretion, and will post any such changes on the
Web Site. Your continued use of the Web Site constitutes
your acceptance of any such changes.
Modification
or Suspension of the Web Site or contents within
the Web Site
You agree that the southbeachsun.com
web site may, at its sole discretion, and at any
time, discontinue,
suspend or modify its operation of this Web Site,
or any part thereof, temporarily or permanently,
without notice to you, and you agree that southbeachsun.com
shall not be liable therefore. Southbeachsun.com
reserves the right to modify, alter, and change
any of the products presented on this web site
without prior notice to you.
International Use
You agree to comply with all applicable
local laws regarding online conduct and acceptable
Content,
including without limitation, laws regarding the
transmission of technical data exported from the
United States or the country in which you reside.
Proprietary
Rights
You agree that content available through
the Web Site, including without limitation, content
in
the form of text, graphics, software, music, sound,
photographs, and videos, and content provided by
suppliers, sponsors or third party advertisers,
is protected by copyrights, trademarks, Web Site
marks, patents or other proprietary rights and
laws. Except as expressly authorized by southbeachsun.com
or the applicable supplier, sponsor or advertiser,
you agree not to copy, modify, rent, lease, loan,
sell, assign, distribute, license, reverse engineer
or create derivative works based on the Web Site
or any content (including without limitation any
software) available through the Web Site.
Disclaimer
of Warranties
YOU
EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE
OF THE WEB SITE IS AT
YOUR SOLE RISK. THE WEB SITE
IS PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE
PURSUANT TO APPLICABLE LAW, SOUTHBEACHSUN.COM EXPRESSLY
DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS
OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
AND NON-INFRINGEMENT.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR
DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE
USE OF THE WEB SITE IS AT YOUR OWN DISCRETION AND
RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR
ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA
THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL
AND/OR DATA.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED BY YOU FROM SOUTHBEACHSUN.COM OR THROUGH
THE WEB SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY
MADE HEREIN.
Limitations of Liability
All information contained
on this web site, including information relating
to health conditions, and
products, and sun protection are for informational
purposes only. It is often presented in a summary
or aggregate form. It is not meant to be a substitute
for the advice provided by your own physician or
other medical professionals or any information
contained on or in any product packaging or labels.
You
should use these, and all medical-related products
responsibly. If you have any question
or doubts about the product use, please contact
your physician immediately. Do not alter the intended
use of any product.
Your Contact With Advertisers
Or Other Third Parties
Your dealings with advertisers
or other third parties found on or through the
Web Site, including
your participation in promotions, the payment for
and delivery of goods and Web Sites, and any terms,
conditions, warranties or representations associated
with such dealings are solely between you and the
third party. Southbeachsun.com does not make any
representations or warranties with respect to any
goods or Web Sites which may be obtained from such
third parties, and you agree that southbeachsun.com
will have no liability with respect to any loss
or damage of any kind incurred as a result of any
dealings between you and any third party, or as
a result of the presence of such third parties
on the Web Site.
Links
The Web Site, or third parties on the Web
Site, may provide links to other sites and/or resources
over which southbeachsun.com has no control. You
agree that southbeachsun.com has no responsibility
for and no liability for the availability of such
external sites or resources, or for the Content,
advertising, products or other materials available
through such sites or resources.
Indemnification
You agree to indemnify and hold
harmless southbeachsun.com, its parents, subsidiaries,
affiliates, officers,
directors, agents, employees, co-branders or other
partners, and suppliers, from any claim, demand,
action, or damage, including reasonable attorneys'
fees, made by any third party due to, arising out
of or related to your use of the Web Site, content
you submit, post or transmit through the Web Site,
your violation of the Agreement or any rights of
another, or your connection to the Web Site.
Trademark
Notices
The southbeachsun.com web site, and the
South Beach Sun logo are service marks and trademarks
of South Beach Sun. You may not use or display
these marks without prior written consent. All
other trademarks appearing on the Web Site are
the property of their respective owners.
Copyright
The southbeachsun.com web site respects
the intellectual property of others, and we ask
our users to do
the same. If you believe that your work has been
copied in a way that constitutes copyright infringement,
please contact us immediately with the following
information:
1. an electronic or physical signature of the person
authorized to act on behalf of the owner of the
copyright interest;
2. a description of the copyrighted work that you
claim has been infringed;
3. a description of where the material that you
claim is infringing is located on the Web Site;
4. your address, telephone number, and email address;
5. a statement by you that you, have a good faith
belief that the disputed use is not authorized
by the copyright owner, its agent, or the law;
6. a statement by you, made under penalty of perjury,
that the above information in your notice is accurate
and that you are the copyright owner or authorized
to act on the copyright owner's behalf.
Applicable
Law
This Agreement shall be governed by and construed
in accordance with the laws of the State of Florida,
without giving effect to conflict of laws provisions.
You and southbeachsun.com agree to submit to the
personal and exclusive jurisdiction of the courts
located within the city of Dade County, Florida.
Miscellaneous
If any provision of this Agreement is found by a
court or other binding authority to be invalid,
you agree that every attempt shall be made to give
effect to the parties' intentions as reflected in
that provision, and the remaining provisions contained
in this Agreement shall continue in full force and
effect.
You agree that any claim or cause of action arising
out of your use of the Web Site or this Agreement
must be filed within one year after such claim or
cause of action arose or it shall forever be barred,
notwithstanding any statute of limitations or other
law to the contrary.
Any failure by southbeachsun.com to enforce or exercise
any provision of this Agreement or related right
shall not constitute a waiver of that right or provision.
Problems? If for some reason you believe that southbeachsun.com
has not adhered to the User Agreement, Customer
Privacy Policy or Return Policy, please notify us
by email at info@southbeachsun.com.
If you are not completely satisfied with our products
please contact us immediately. All claims must be
made within 15 days of receipt of products. No returns
accepted without prior authorization.
